Summary: We will not investigate this complaint about the outcome of an adult social care assessment. There is not enough evidence of fault to justify our involvement.

The complaint

1. Mr X complained the Council did not allocate him enough support hours following his adult social care assessment. He said he needs 12 -14 hours a week to meet his support needs. He said his physical and mental health has deteriorated because of the lack of support.
2. Mr X also complained about the conduct of the Social Worker who completed his assessment.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
5. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
6. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide:
• Further investigation would not lead to a different outcome,
• there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

7. I considered information provided by the complainant and the Council.
8. I considered the Ombudsman’s Assessment Code.

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My assessment

9. Mr X received a direct payment for 20 hours a week to support him taking part in community activities. In May 2023, the Council reassessed his care needs. The outcome of that assessment was Mr X was no-longer eligible for support. The Council stopped his direct payment.
10. Mr X complained to the Ombudsman in September 2024, therefore his complaint about the Council’s decision to stop his direct payment in May 2023 is late and there is no good reason to exercise discretion and consider it now.
11. The Council completed a further assessment of Mr X’s care needs in June 2024. The outcome of that assessment was Mr X needed some additional support accessing the community and with his shopping. The Council decided Mr X’s needs could be met through a weekly direct payment for four hours. It said Mr X could use this flexibly to access the community or go shopping.
12. Although Mr X is unhappy with the outcome of that assessment we will not investigate. The Council’s assessment demonstrates it considered Mr X’s own abilities and his existing support network. It made appropriate referrals to health services and suggested possible equipment to assist Mr X with his daily living. There is not enough evidence of fault in how the Council completed the assessment to justify our involvement.
13. We will also not investigate his complaint about the conduct of the Social Worker. The Council’s complaint response confirms it discussed his concerns with the Social Worker and found no evidence to support them. Further investigation by the Ombudsman would not lead to a different outcome.

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Final decision

14. We will not investigate Mr X’s complaint because there is not enough evidence of fault to justify our involvement.

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Investigator's decision on behalf of the Ombudsman